The backyard pool at a Bronx day care center where a 1-year-old girl drowned over the summer was “dangerously” close to the house and was surrounded by a fence that was too low, according to a new lawsuit.

Young River Wilson would still be alive today if the operators of Ana’s Butterfly Garden Family Group day care had been compliant with state regulations and forthcoming about the perils of having a pool behind a house where they watched children all day, the court papers said.

“We are determined to fight for justice for my baby,” River’s mom, Ima Wilson, said after announcing a lawsuit against the day care operators. “No parent should ever have to endure the pain of losing a child this way, let alone without clear answers. We want to ensure that this tragedy doesn’t happen to another family.”

Ana Gonzalez, 47, who was in charge of watching the girl on Aug. 1, told police she was cooking and at some point realized she hadn’t seen the girl for about 20 minutes. She then found her in the pool, police said.

River Wilson, pictured here with her mother Ima, drowned in the backyard pool of Ana's Butterfly Garden Family Group daycare on Story Ave. in the Bronx on Aug. 1, 2025. (Family Handout) River Wilson, pictured here with her mother, Ima, drowned in the backyard pool of Ana’s Butterfly Garden Family Group daycare on Story Ave. in the Bronx on Aug. 1, 2025. (Family Handout)

Rivers’ parents have since accused the operators of the day care on Story Ave. with negligence, and said that, until the tragedy, they had not even known the center had a pool.

“Since the loss of our baby, we have not received any closure,” said Ifiok Wilson, River’s dad. “We haven’t heard from the day care, the police investigators or the coroner about how our daughter died. Our family is still in the dark. We need answers.”

According to the lawsuit filed in Bronx Supreme Court, the pool was not in compliance with state regulations governing barriers and distance from the main structure.

There were no alarms, no childproof locks, no secure gates and no compliant fencing, according to the lawsuit, which did not specify monetary damages.

River Wilson, pictured here with her father Ifiok, drowned in the backyard pool of Ana's Butterfly Garden Family Group daycare on Story Ave. in the Bronx on Aug. 1, 2025. (Family Handout) River Wilson, pictured here with her father, Ifiok, drowned in the backyard pool of Ana’s Butterfly Garden Family Group daycare on Story Ave. in the Bronx on Aug. 1, 2025. (Family Handout)

“This lawsuit is not just about seeking justice for River,” the family’s attorney, James Williams, said. “It is about ensuring that other children are safe. We cannot allow negligence to go unpunished, and we will fight for the Wilson family’s right to know the truth.”

No criminal charges have been filed.

The lawsuit names Gonzalez and her husband, John Guzman, as defendants. They both could not be reached for comment.

Meanwhile, Bronx Rep. Ritchie Torres has filed legislation that would ban the operation of swimming pools at residential child care facilities and require proper doors and window alarms.

Originally Published: October 15, 2025 at 4:23 PM EDT